Narayan, J.

1. Appeal No. 274 arises out of Title Suit No. 10 of 1943 and App. No. 275 arises out of Title Suit No. 3 of 1943. In Suit No. 10 of 1943, which was instituted in the Court of the Subordinate Judge of Darbhanga on 8-2-1943, the plaintiff was Mahanth Ramchandra Narain Dass and the defendants ware Khub Narain Missir, Ramkishun Thakur, Shubhnarain Pande and Ramsunder Pande, and in Suit No. 3 of 1943, which was instituted in the Court of the District Judge of Darbhanga, the plaintiffs were one Rambihari Thakur and Khub Narain Missir, defendant 1 of Suit No. 10 of 1943. The defendants of Suit No. 10 had filed an application under Sec.3 of Act XIV [14] of 1920 before the District Judge of Darbhanga for directing the Mahanth to furnish accounts for being examined and audited, and the then District Judge directed the Mahanth to produce the accounts for the years 1345, 1346 and 1347. The Mahanth moved this Court is civil revision against this order, but his application was dismissed. The Mahanth then filed Title Suit No. 10 of 1943 for a declaration that the

"properties and temple appertaining to the asthal were private trust to which Act XIV [14] of 1920 was inapplicabl